Settler soldier receives harsher sentence
Soldier who protested eviction of his West Bank home has jail sentence increased from 4 to 6 months, after military prosecution says original sentence too lenient
An Israeli soldier who was detained for his behavior during the eviction of the northern West Bank outpost of Adei-Ad was sentenced on Tuesday to half a military year in prison by an IDF appeals court. Prior to an appeal by the prosecution, he had been sentenced to four months in prison.
Private Menachem Bakush, who serves in the military rabbinate, was accused of disobeying orders and damaging the image of the IDF when he protested a military eviction of the settlement in late December 2008.
Bakush, married and father to a baby girl, had been on the way to his base near Jerusalem when he received a message that IDF forces were clearing out the outpost where he lived. Still wearing his uniform and armed with a military-issue rifle, he entered the area, which the IDF's Central Command Chief had temporarily decreed to be a closed military area.
When he arrived at the outpost, he saw that the forces had an order to demolish his residence. At this point, he scuffled with the security forces and verbally assaulted them, saying that "they would have no place in the afterlife."
The deputy commander in charge told him to leave, informing him that he was in a closed military area and that it was inappropriate to express political sentiments while identifiable as a soldier.
"I don't care about you or about the general (the Central Command Chief). I am protecting the land of Israel," Bakush responded. At a certain point, he relieved himself of his weapon but continued his altercation with the forces.
During this time, he threw rocks at Border Guard Police who were in the area. When they detained him, he said that were "criminals, thieves and liars and said that their actions went against the morals of the IDF and the Torah."
The soldier was indicated for several days before the military court in Jaffa sentenced him to four months in prison. The military prosecution, believing this sentence was too lenient, appealed, finally receiving a lengthened six-month sentencing on Tuesday.
Bakush's lawyer, Aharon Rosa, said that his client did not endanger the forces and noted that, despite having a family, he is a motivated soldier.
The appellate judges said that the fact that Bakush had worn his uniform during the incident damaged the IDF's image and added that because he overtly disregarded military commands a more severe ruling was necessary.
